Terms of Service

Last updated Aug 13, 2022.

Nepris Inc. ("Nepris) is a wholly owned subsidiary of Pathful, Inc. ("Pathful"). Some or all of the Services or Platform (as defined below) may be provided by Nepris or Pathful, and in the case they are provided by Pathful, all references to Nepris shall be deemed to include Pathful.

The following terms and conditions govern all use of the Nepris website (https://www.nepris.com/) together with its pages and features, the "Website") and all content, services and products available at or through the Website and Third Party Publishers and Distributors, as defined below (the "Services" or the "Platform"). The Website is owned and operated by Nepris Inc. ("Nepris" or "our" or "we"). The Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Nepris Privacy Policy) and procedures that may be published from time to time on the Website by Nepris (collectively, the "Agreement").

The Platform enables school boards, school districts, schools and their authorized users, such as students, parents, teachers, administrators, volunteers, and others (collectively, "Users") to connect with industry volunteers, companies and organizations (the "Experts") who provide live streaming video presentations in one of two ways: (1) on topics chosen by and at the request of a teacher using the Platform, or (2) on topics of, and at the date and time of, the Expert's choosing ("Industry Chat") in which multiple classrooms can join (collectively, "Live Sessions"). The Services include, without limitation, facilitating and hosting Live Sessions, and taking questions and feedback from Users.

Nepris also makes private (non-Nepris-branded) versions of the Platform available to a variety of organizations, such as regional educational and economic development organizations and chambers of commerce, corporations, and other entities pursuant to white label agreements ("White Label Agreements"). The White Label Agreements allow these organizations to promote their own branded version of the Platform to targeted schools and Users with the goal of attracting local industry and organizations and their Experts to participate in Industry Chats and Live Sessions. All Users who participate in the Platform pursuant to White Label Agreements are subject to this Agreement, and all terms of this Agreement apply to White Label Agreements.

Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Platform or use any Services. If these terms and conditions are considered an offer by Nepris, acceptance is expressly limited to these terms.

  1. Your Nepris Account and Website. If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Platform. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Nepris may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Nepris liability. You must immediately notify Nepris of any unauthorized uses of your account or any other breaches of security. Nepris will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You should also maintain accurate, complete, and up-to-date information in your account, because your failure to do so may result in your inability to access, use, or receive all or any part of the Website and/or Nepris' election to terminate this Agreement. For the avoidance of doubt, Nepris has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your account to facilitate the exercise and performance of Nepris' rights and obligations under this Agreement, the operation of the Website, and/or any other rights, obligations, products, and services relating to the Website, your account, or the subject matter of this Agreement.
  2. Student Data. We collect certain personally identifiable student data from school districts and affiliated schools ("Districts/Schools") in order to provide services pursuant to our agreements with them (as more fully described, categorized, and defined within our Privacy Policy, "Student Data"). We will use Student Data only for the purpose of fulfilling our duties and providing services under our agreements with Districts/Schools, and for improving services to them. All rights to Student Data, including all intellectual property rights, remain the exclusive property of the Districts/Schools, and we have a limited, nonexclusive license solely for the purpose of performing the services under our agreements with Districts/Schools. Notwithstanding any other provision of this Agreement, we have no rights, implied or otherwise, to Student Data, except as expressly stated in our Privacy Policy, including the right to sell or trade Student Data.
  3. Responsibility of Contributors. If you operate an account, deliver Live Sessions to Users, respond to Users' questions, comment on a Live Session, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the substance of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or video. By delivering Live Sessions through the Platform and by making Content available, you represent and warrant that:
    • The downloading, copying and use of the Content will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • Your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
    • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Nepris or otherwise.
    • You will not disclose any information to a User that could be considered personally identifiable information (except your name, title and employer) including, but not limited to, your address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and
    • You will not solicit personal information from any User and agree that if any User ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us via email to nepris@nepris.com. One exception is that certain Users, such as teachers and Experts (but not students), may exchange information such as phone numbers or email addresses via the Platform's built-in message feature in connection with discussing and sharing Content related to a specific Live Session. The built-in message feature is not available for access by students.
  4. Right to Remove, Block, or Modify Content. Nepris reserves the right to remove, block or edit any Content, including but not limited to images, documents, related video recordings, or other Content created on the Website and/or Platform (e.g. comments, messages, avatars, etc.), for any reason whatsoever. Removal may result from any of the following, without limitation: posting inappropriate material such as offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content.
  5. Right to Record. Unless you withdraw your consent, Nepris reserves the right to record all Expert presentations scheduled and delivered via the Platform and its affiliated services and tools. Such recorded information will become Content and part of the Platform, and accessible to Users of the Platform and subject to the same terms and conditions in this Agreement, and which Nepris can make available to affiliated services. Experts give Nepris a perpetual, sublicensable, transferable, royalty-free license to use or distribute the Content on the Website and Platform and to Third Party Publishers and Distributors.
  6. Right to Ban Users. Nepris reserves the right to ban any User from using the Services for any reason including using Content, services and products available at or through the Website to find and contact other Nepris members or Experts to arrange for connections or meetings to be conducted on another virtual platform or in person for the purpose of circumventing the services and products available at or through the Platform.
  7. Electronic Communications. You hereby expressly consent to Nepris sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters, or other informational purposes) via any electronic means or forms as Nepris deems appropriate in its sole discretion, whether through the Website, the Platform, your user account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for the payment of the same. You understand that you are not required to grant the foregoing consent as a condition for the use of the Website and/or the Platform. You may opt-out of receiving any electronic messages from Nepris as describe above at any times by any reasonable means, including, without limitation, by sending an email to nepris@nepris.com with a subject line of "Opt-Out of Electronic Communications." You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, the Platform, and/or your ability to receive certain messages or notifications from Nepris.
  8. Uploaded Content. By uploading Content (including, but not limited to, screen shots, videos, handouts, slides, etc.) to the Website, you give Nepris permission to own, use or distribute the Content on the Website and Platform, affiliated sites, and to a perpetual, sublicensable, royalty-free license to use and distribute the Content on the Website and Platform, and to Third Party Publishers and Distributors.
  9. Additional Terms Regarding Live Sessions. All recordings of Live Sessions of Expert presentations, communications and other related Content provided by you for the purpose of meeting the needs of the Users will be considered non-confidential and subject to the licensing terms specified in the "Content Licensing" section below.
  10. Deleted Content. If you delete Content, Nepris will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  11. Reserved Rights of Nepris. Without limiting any of these representations or warranties, Nepris has the right (though not the obligation) to, in Nepris's sole discretion, (i) refuse or remove any Content that, in Nepris's reasonable opinion, violates any Nepris policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in Nepris's sole discretion. Nepris will have no obligation to provide a refund of any amounts previously paid.
  12. Content Licensing. Any Content including, but not limited to, recordings, materials, information, presentations, communications or ideas that you provide, communicate or otherwise perform, transmit or post on or through the Website or Platform will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us to deliver, market, promote, demonstrate or operate the Platform, such as for quality control, redistribution or display to Users, and professional development. Notwithstanding the foregoing, you have the right to remove all or any portion of your Content from the Platform at any time, with such removal terminating the grant of rights to Nepris below with respect to such Content within thirty (30) business days of receiving your termination request, but such removal shall not terminate the grant of rights given to any Users who originally requested the Content in question and to whom the Expert has already shared such Content. You agree that we may record all or any part of any presentations (including video and audio communications) for reuse, redistribution, delivering, marketing, promoting, demonstrating or operating the Platform. By uploading or delivering Content, you represent to Nepris that you have all right, title, and interest in and to the Content that you deliver, transmit or upload. To the extent that such Content contains copyrightable subject matter, you represent that you are either the owner of the copyrightable subject matter or that you are a licensee of such copyrightable subject matter and that you have all rights necessary (without any restrictions) to license the Content to Nepris pursuant to its Terms of Service and Privacy Policy. We reserve the right to review and edit the Content for any purpose.
  13. License of Content to Nepris. With respect to Experts, while you retain any and all rights in any Content you make available through the Platform, we need certain rights to the Content in order to offer the Services, by uploading or otherwise making available any Content, you hereby grant to Nepris, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and distributing your Content (either directly or through third party distributors), and to operate the Platform or Services, but not for any other purposes, a non-exclusive, world-wide, transferable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your Content (or any portion or derivative works thereof) through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Content and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in and to your Content; provided, however, that you may not directly license a User who acquires or accesses your Content through the Platform.
  14. Right to Sublicense Content to Third Party Publishers and Distributors. The license of Content granted to Nepris by Experts as set forth above includes the right to distribute your Content through multiple tiers of sublicensees including, but not limited to, the White Label Agreements, and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and reuse your Content to their Users, but does not include the right to edit your Content (collectively, "Third Party Publishers and Distributors")
  15. Limited License to Users. Nepris hereby grants you (as a User) a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and Content, for which you have paid all required fees, on your personal devices (e.g., personal computers and mobile devices), solely for your personal, non-commercial, educational purposes and not for any other purposes. All other uses are expressly prohibited absent our express written consent. For the avoidance of doubt, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Content or unless we give you explicit permission to do so. In addition, Users (such as teachers) shall not share or distribute any Content (such as one or more recorded videos or a playlist of recorded videos including, but not limited to, related URLs and embed codes) other than to other Users (such as students). The Content is licensed, and not sold, to you. Experts may not grant you license rights to the Content you access or acquire through the Services and any such direct license shall be null and void and a violation of this Agreement. Violation of these terms is subject to terminating a User's account pursuant to Section 21 below (Termination).
  16. Restrictions on Use of Individual Licenses. Users (such as teachers) who have purchased an individual license to use the Platform may only provide access to Live Sessions and the Video Library to students in their immediate classroom, and not to other students, classrooms or Districts/Schools. District/School-wide access to Live Sessions and the Video Library may only be provided in connection with District/School licenses granted by Nepris pursuant to a written contractual agreement.
  17. Responsibility of Users. Nepris will make reasonable efforts to review all material posted to the Website but it may not be possible at all times to do so, and Nepris cannot therefore be responsible for the Content, or any materials, use or effects. By operating the Website, Nepris makes every effort to source the right Experts but does not represent or imply that it endorses the material there posted (and Nepris hereby disclaims any endorsement and any representation or warranty of any material there posted), or that it believes such material to be accurate, useful or non-harmful. You will not reproduce, distribute, download or create derivative works from or otherwise use and exploit any Content or other material obtained from the Platform without our express written permission of such Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to the classroom to reuse and reiterate the presentation as part of the classroom learning. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nepris disclaims any responsibility for any harm resulting from the use by Users or visitors of the Website or Platform, or from any downloading by those visitors of any Content.
  18. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Nepris links, and that link to Nepris. Nepris does not have any control over those non-Nepris websites and webpages and is not responsible for their contents or their use. By linking to a non-Nepris website or webpage, Nepris does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nepris disclaims any responsibility for any harm resulting from your use of non-Nepris websites and webpages.
  19. Copyright Infringement & DMCA. Nepris has adopted the following policy toward copyright infringement on the Platform in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). The address of Nepris's Designated Agent for copyright takedown notices ("Designated Agent") is: Nepris Inc. The Lab, 1800 Preston Park Blvd, Suite 220, Plano, TX 75093. Email: Nepris@nepris.com If you believe that Content residing or accessible on or through the Platform infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
    • Identification of the work or material being infringed.
    • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Nepris is capable of finding it and verifying its existence.
    • Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address.
    • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
    • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

    Nepris will respond to valid DMCA requests within ten (10) days. In all cases, if you do not hear a response from us within ten (10) days of submitting a complaint, please email us again at Nepris@nepris.com to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.

    Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

    In an effort to be transparent in removing or restricting access to user-uploaded content, Nepris may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.

    After removing access to the material pursuant to a valid DMCA notice, Nepris will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material.

    Nepris reserves the right, in its sole discretion, to immediately terminate the account of any User, school, or company that is the subject of repeated DMCA notifications.

    If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Nepris by providing the following information to the Designated Agent at the address above:

    • The specific URLs of material that Nepris has removed or to which Nepris has disabled access.
    • Your name, address, telephone number, and email address.
    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the federal district courts located in Delaware if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
    • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
    • Your signature.

    Upon receipt of a valid counter-notification, Nepris will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Nepris does not receive any such notification within ten (10) days, we may restore the material to the Services.

  20. FERPA and California AB 1584. With respect to FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Nepris will abide by the following:
    • Student records obtained by Nepris from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Nepris.
    • Nepris users may retain possession and control of their own generated content by Nepris.
    • Nepris will not use any information in a student record for any purpose other than those required or specifically permitted by the Nepris Terms of Use and Privacy Policy.
    • Parents, legal guardians, or eligible students may review personally identifiable information in the Student's records and correct erroneous information by contacting their educational institution. Additionally, Users may email the request for changes to nepris@nepris.com.
    • Nepris is committed to maintaining the security and confidentiality of student records. To this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need for such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
    • In the event of unauthorized disclosure of a student's records, Nepris will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what Nepris has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action Nepris has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at Nepris the User can contact. Nepris will keep the User fully informed until the incident is resolved.
    • Nepris will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
    • Nepris agrees to work with the educational institution to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians, or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in the statement (4) above.
    • Nepris prohibits using personally identifiable information in student records to engage in targeted advertising.
  21. Intellectual Property. This Agreement does not transfer from Nepris to you any Nepris or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nepris. The Nepris logo, and all other trademarks, service marks, graphics and logos used in connection with Nepris or the Platform are trademarks or registered trademarks of Nepris or Nepris's licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Nepris or third-party trademarks.
  22. Changes. Nepris reserves the right, at its sole discretion, to modify or replace any part of this Agreement, and such modifications will be posted on this or another page of the Website and/or Platform. It is your responsibility to check the Website, the Platform, and/or this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. We will not make any material changes to this Agreement that relate to the collection or use of student records without first giving notice to the District/School and providing a choice before the student records are used in a materially different manner than was disclosed when the information was collected. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Nepris may also, in the future, offer new services and/or features through the Platform (including the release of new features, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  23. Termination. Nepris may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Nepris account (if you have one), you may simply discontinue using the Platform. Notwithstanding the foregoing, if you have a school district or company account, such account can only be terminated by Nepris if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Nepris's notice to you thereof; provided, that, Nepris may terminate the Platform immediately as part of a general shutdown of the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  24. Disclaimer of Warranties. The Platform is provided "as is." Nepris and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nepris nor its suppliers nor licensors makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or Services through, the Platform at your own discretion and risk. You represent and warrant that any Content that you provide or upload onto the Platform is solely owned by you and that you have all rights to it and there is no intellectual property or other claim that is reasonably foreseeable based upon your use of the Content on the Platform, including, but not limited to, its copying, distribution, or reproduction.
  25. Limitation of Liability. In no event will Nepris, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Nepris under this Agreement during the twelve (12) month period prior to the cause of action. Nepris shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  26. General Release of Claims. You hereby release and hold harmless Nepris, Nepris' parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, unpaid benefits, unpaid wages, overtime, discrimination, personal injury, property damage, negligence, and/or any other legal theory arising from or in connection with the Website, the Platform, the products or services made available on, through, or in relation to the Website and/or the Platform, and/or the rights and privileges granted or conveyed by you under this Agreement. Further, you waive your right to, and in no event shall you seek to, (a) enjoin Nepris, any of Nepris' officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees or (b) exercise any of the rights or privileges granted or conveyed by you under this Agreement.
    You also hereby waive any rights you may have under Section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides:
    "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.""
  27. General Representation and Warranty. You represent and warrant that (i) your use of the Platform will be in strict accordance with the Nepris Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  28. Indemnification. You agree to indemnify and hold harmless Nepris, its contractors, its licensors and licensees, its Third Party Publishers and Distributors, and its respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys' fees, arising out of or related to your use of the Website and the Platform, including but not limited to your claims arising out of your violation of this Agreement or Content uploaded onto the Platform.
  29. Relationship. In no event shall this Agreement, the performance of a party's rights or obligations under this Agreement, the Website, or the Platform, or your access or use of the Website or the Platform create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and Nepris.
  30. Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a "check the box" acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
  31. Miscellaneous. This Agreement constitutes the entire agreement between Nepris and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Nepris, or by the posting by Nepris of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform or any claim or controversy involving your use of the Platform or the terms of this Terms of Service will be governed by the laws of the State of Texas (without regard to any conflict of laws rules), and any dispute shall be exclusively filed in the federal or state courts in either Austin or Dallas, Texas. For the avoidance of doubt, Nepris is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event (including, without limitation, any civil unrest, act of God, epidemic, pandemic, or quarantine). No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected and such court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under applicable law and consistent with the intent of this Agreement.

Third Party Purpose Information Shared
Microsoft Azure cloud hosting, database, and storage, videos, and analytics. Geo information, IP address and tracking - via analytics gathering.
Zoom Video Meetings - User accounts created using Names Names and Nepris Unique Identifier
Vimeo Video Repository Videos
Google Google Analytics, Firebase database Geo Information, IP Address & Tracking, Firebase stores videos for processing
Olark Live Chat Geo Information, IP & Tracking
Dropbox Document and video project storage Videos, documents
Digital Ocean Hosting, Video processing Videos
iContact Email Campaign Manager User List (names, email, profile information, etc.)
LinkedIn Volunteer Opportunity Listing Info about Session Requester, District, School, etc.
SalesForce Customer Relationship Management system. nepris.com data or sales and marketing leads. Student data is not collected.
Cirrus Sync email and contact data from Google with Salesforce Data from business communications. Student data is not collected.
Dataloader Sync nepris.com data with Salesforce Data from nepris.com. Student data is not collected.
Validity Sync nepris.com data with Salesforce Sync data between nepris.com and Salesforce. Student data is not collected.
Zapier Transfer data between other tools Sending and updating calendar invites, notifications for events, etc. Student data is not collected
ChurnZero Bring together nepris.com, support, and Salesforce to track health of accounts Contact for student data (name, email) may be passed to ChurnZero if they use a support channel directly.
Zendesk Support platform for manage emails, chats and phone calls Student data (name, email) may be collected if they use a support channel directly. Geo Information, IP & Tracking on chats.